Bray v. Alexandria Women’s Health Clinic

Summary

Justice Scalia's opinion for the Court, joined by Chief Justice Rehnquist and Justices White, Kennedy, and Thomas, held that the clinic blockades did not establish a claim under the deprivation clause of 42 U.S.C. § 1985(3). Opposition to abortion did not establish the required class-based discriminatory animus, and respondents identified no right protected against private interference that the conspiracy intentionally targeted. The Court declined to resolve the unpresented hindrance-clause theory, vacated the attorney-fee award, and left the state-law basis for the injunction for consideration on remand. Justice Kennedy concurred, emphasizing federalism and available federal law-enforcement assistance. Justice Souter concurred in the judgment in part and dissented in part, accepting the deprivation-clause result under stare decisis but advocating remand for findings under a broader construction of the hindrance clause. Justice Stevens and Justice O'Connor each dissented, each joined by Justice Blackmun, arguing that the conspiracy fell within the statute and that the hindrance clause independently supported relief.